RULES AND REGULATIONS
Title 52--PUBLIC UTILITIES
PENNSYLVANIA UTILITY COMMISSION
[52 PA. CODE CH. 56]
[28 Pa.B. 3379] [L-960114]
Standards and Billing Practices for Residential Utility Service The Pennsylvania Public Utility Commission (Commission) on April 30, 1998, adopted a final rulemaking to clarify, simplify and remove excessive and burdensome requirements from the parties dealing with the Bureau of Consumer Services. The contact persons are Kathryn G. Sophy, Law Bureau, (717) 772-8839 and Louis Sauers, Bureau of Consumer Services, (717) 783-6688.
Executive Summary
On June 3, 1995, this Commission published an Advance Notice of Proposed Rulemaking (ANPR) in the Pennsylvania Bulletin inviting public comments. See 25 Pa.B. 2188. Upon review of numerous constructive comments, the Commission issued its proposed rulemaking which was published at 26 Pa.B. 2908 (June 22, 1996) inviting further comments. Comments were received from legislators, the utility industry, consumer groups, various associations, organizations and unions and more than 200 individuals.
Our review of Chapter 56 (relating to standards and billing practices) was careful and meticulous. We are well aware of our duty to ensure that the quality of utility service remain high while not unreasonably restricting the efforts of the utility companies to collect amounts due to them.
The comments assisted the Commission in its final evaluation of the procedures in Chapter 56. On May 1, 1998, the Commission approved final changes designed to clarify, simplify and remove excessive and burdensome requirements from parties dealing with our Bureau of Consumer Services.
Section 56.2 (relating to definitions) has been revised to allow a utility to call a customer back or to allow contact with more than one utility employe without escalating the matter to the level of a ''dispute.'' The chapter has been revised to require less frequent actual meter readings, to remove the use of composite credit groups, to revise utility recordkeeping requirements.
Chapter 56 has been revised further to modify the requirements associated with termination of service. The revisions clarify when a utility may terminate service and what steps are required to be taken before termination may occur.
Finally, § 56.211 (relating to informal complaints) has been modified to require customers to attempt to resolve their disputes with their utilities before bringing their complaints to the Commission.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 30, 1997, the Board submitted a copy of the final rulemaking, which was published as proposed at 26 Pa.B. 2908 to IRRC and the Chairpersons of House Committee on Consumer Affairs and the Senate Committee on Consumer Protection and Professional Licensure for review and comment. Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of all comments received, as well as other documentation.
In preparing these final-form regulations, the Commission has considered all comments received from IRRC, the Committees and the public.
These final-form regulations was deemed approved by the House and Senate Committees on June 8, 1998, and were approved by IRRC on June 18, 1998, in accordance with section 5(c) of the Regulatory Review Act.
Public Meeting
held April 30, 1998Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice Chairperson; John Hanger; David W. Rolka; and Nora Mead Brownell
By the Commission:
By order entered March 5, 1996, we issued a Proposed Rulemaking Order to Review And Rescind All Obsolete And Excessive Rules And Regulations at Docket No. L-950103. The proposed rulemaking was published at 26 Pa.B. 2908 and a 30-day comment period set. Advance notice of this rulemaking was given by order entered May 23, 1995, and published at 25 Pa.B. 2188 with a 60-day comment period.
Comments were received from Columbia Gas of Pennsylvania, the Office of Consumer Advocate, PECO Energy Company, The Pennsylvania Gas Association, Pennsylvania Power & Light Company, The Peoples Natural Gas Company, Pennsylvania Utility Caucus, T.W. Phillips Gas & Oil Company, the Honorable Kathrynann W. Durham, the Honorable David R. Wright, Westmoreland County Blind Association, the Honorable Sara Steelman, the Pennsylvania Chapter of the National Association of Water Companies, System Council U-10 of the International Brotherhood of Electrical Workers, the Honorable Bruce Smith, the Independent Regulatory Review Commission (IRRC), various union petitions, other organizations and more than 200 individuals. Each of the comments were reviewed and considered. We are setting forth final changes which we believe will clarify, simplify and remove excessive and burdensome requirements from the parties dealing with our Bureau of Consumer Services.
What follows is a summary of the final changes pursuant to the many helpful comments from interested parties.
Chapter 56. Standards and Billing Practices for Residential Utility Service § 56.2. Definition of ''dispute.'' The definition is amended to allow a utility to exclude an ''initial inquiry.''
§ 56.2. Definition of ''initial inquiry.'' Addition of this definition will allow a utility to check records and get back to the customer within 3 business days with additional information without the contact being categorized as a dispute.
§ 56.2. Definition of ''utility.'' After receiving a great many comments expressing deep concern over our initial proposal to expand the definition to include a utility's agents, we have reconsidered our initial proposal and will retain the present definition of ''utility.''
§ 56.2. Definition of ''remote reading device.'' Language has been added to better define these types of meters.
§ 56.12. Meter reading; estimated billing; ratepayer readings. The new language allows gas, water and electric utilities which use remote reading devices to do an actual reading every 5 years instead of every 2 for electric and gas and every 3 years for water, which reflects the increasing reliability of meters used in each utility field. To balance the chance that any underbilling discovered may be proportionately higher, language is added to require that the utility comply with the requirements of § 56.14. Language is also added to require utilities to make a bona fide attempt to schedule an appointment with the departing ratepayer or new occupant to secure an actual meter reading.
§ 56.14. Previously unbilled utility service. To remove an unfair administrative burden for utilities, this section now requires that companies comply with § 56.14 only if the billing or rebilling exceeds otherwise normally estimated bills by at least 50% and $50.
§ 56.33. Composite credit group; cash deposits; third-party guarantors. Composite credit groups are eliminated as an option to payment of a deposit.
§ 56.53. Refund of deposit. Paragraph (3) is eliminated to remove the use of composite credit groups.
§§ 56.61--56.65. Composite credit groups. These sections have been eliminated to remove the use of composite credit groups.
§ 56.91. General notice provisions. This section is changed to clarify the language.
§ 56.93. Personal contact. After receiving a great many comments concerning our initial proposal to change the personal contact provisions, we have reconsidered our initial proposal and will retain the present procedures. However, this section is changed to correct a typographical error.
§ 56.97. Procedures upon ratepayer or occupant contact prior to termination. This section is modified to require that the authorized utility employe explain the reasons for the proposed termination, how to avoid termination, and the medical emergency procedures if a settlement payment agreement is not established.
§ 56.101. Limited notice upon noncompliance with report or order. Language is altered to include mediation decisions and to allow the use of limited notice on a restricted basis during the nonwinter period whenever a customer breaks a payment agreement entered after the company issued a 10-day notice.
§ 56.114. Length of postponement; renewals. Language is added to allow a ratepayer to renew a medical certification only twice in situations where the ratepayer is not fully meeting the obligation under § 56.116 to equitably arrange to make payment on all bills.
§§ 56.121--56.126. Termination at residential dwellings where service is in the name of the landlord. These sections are eliminated in light of the specific requirement in 66 Pa.C.S. §§ 1523--1528.
§ 56.140. Follow-up response to inquiry. This section is added to provide that a utility may not terminate service during the period that a customer is awaiting a response to an inquiry which does not yet fall into the category of ''dispute.''
§ 56.142. Time for filing a termination dispute or informal complaints. Language is added to eliminate the possibility that a dispute may be filed with the representative of the utility company when that representative shows up to terminate service. Disputes must be filed prior to that time.
§ 56.151. General rule. This section is changed to identify when a utility may limit the information contained in its report.
§ 56.152. Contents of the utility company report. (Utility company dispute procedures) The section reflects the general change that if a customer is satisfied with the dispute resolution the company does not need to provide all of the information in § 56.152. If, however, the customer is not satisfied, then the company would adhere to the current full requirements at § 56.152.
§ 56.162. Informal complaint filing procedures. The list of requested information now includes the telephone number of the complainant.
§ 56.191. General rule. (Restoration of service) This section is modified to allow companies to require full payment of outstanding charges for restoration of service if a customer has twice defaulted on a payment arrangement.
§ 56.202. Record maintenance. This section is modified to require that a utility maintain records for a minimum of 4 years.
§ 56.211. Informal complaints. This section is modified to require customers to attempt to resolve disputes with their utility providers before bringing their complaints to the Bureau of Consumer Services.
Through these changes, we are eliminating those sections which no longer serve a useful purpose and we are modifying others to promote the ease of application as well as fairness. Accordingly, under sections 501, 504, 505, 506, 1301 and 1501 of the Public Utility Code, 66 Pa.C.S. §§ 501, 504, 505, 506, 1301 and 1501, and the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1201 et seq.), and the regulations promulgated thereunder, we hereby amend the Commission's regulations as set forth in this order and the attached Annex A. Therefore,
It is Ordered That:
1. The regulations of the Commission, 52 Pa. Code Chapter 56, are amended by:
(a) Amending §§ 56.2, 56.12, 56.14, 56.33, 56.53, 56.91, 56.93, 56.97, 56.101, 56.114, 56.142, 56.151, 56.152, 56.162, 56.191, 56.202 and 56.211; by
(b) Deleting §§ 56.61--56.65 and 56.121--56.126; and by
(c) Adding § 56.140 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
2. The Secretary shall submit this order and Annex A to the Office of Attorney General for approval as to legality.
3. The Secretary shall submit this order and Annex A to the Governor's Budget Office for review of fiscal impact.
4. The Secretary shall submit this order and Annex A for formal review by the designated standing committees of both houses of the General Assembly, and for formal review and approval by IRRC.
5. The Secretary shall deposit this order and Annex A with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. The amendments are effective August 17, 1998.
6. A copy of this order shall be served upon all persons who submitted comments in this rulemaking proceeding.
By the Commission
JAMES J. MCNULTY,
Secretary(Editor's Note: The proposal to amend §§ 56.35, 56.95 and 56.135, included at 26 Pa.B. 2908, has been withdrawn. The addition of § 56.135, included in the proposal at 26 Pa.B. 2908, has been withdrawn. The addition of § 56.140 was not included in the proposal at 26 Pa.B. 2908.)
Fiscal Note: Fiscal Note 57-171 remains valid for the final adoption of the subject regulations.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 3338 (July 11, 1998).)
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart A. PRELIMINARY PROVISIONS
CHAPTER 56. STANDARDS AND BILLING PRACTICES
Subchapter A. PRELIMINARY PROVISIONS § 56.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Dispute--A grievance of an applicant, ratepayer or occupant about a utility's application of a provision covered by this chapter, including subjects such as credit determinations, deposit requirements, the accuracy of meter readings or bill amounts or the proper party to be charged. If, at the conclusion of an initial contact or, when applicable, a follow-up response, the applicant, ratepayer or occupant indicates satisfaction with the resulting resolution or explanation, the contact will not be considered a dispute.
* * * * * Initial inquiry--A concern or question of an applicant, ratepayer or occupant about a utility's application of a provision covered by this chapter, including subjects such as credit determinations, deposit requirements, the accuracy of meter readings or bill amounts or the proper party to be charged. If a utility, with the consent of the applicant, ratepayer or occupant, offers to review pertinent records and call back the applicant, ratepayer or occupant within 3 business days with a response, the contact will be considered an initial inquiry pending a determination of satisfaction by the applicant, ratepayer or occupant with the company's response. If the company cannot reach the customer to convey the information obtained through a review of company records, a letter shall be sent which summarizes the information and informs the customer to contact the company within 5 business days if the customer disagrees with the company position, or has additional questions or concerns about the matter.
* * * * * Remote reading device--A device which by electrical impulse or otherwise transmits readings from a meter, excluding devices that permit direct interrogation of the meter, usually located within a residence, to a more accessible location outside of a residence.
* * * * *
Subchapter B. BILLING AND PAYMENT STANDARDS § 56.12. Meter reading; estimated billing; ratepayer readings.
Except as provided in this section, a utility shall render bills based on actual meter readings by utility company personnel.
(1) Inapplicability to seasonally billed ratepayers. This section does not apply to ratepayers billed on a seasonal basis under terms included in the tariff of the utility.
(2) Estimates for bills rendered on a monthly basis. If a utility bills on a monthly basis, it may estimate usage of service every other billing month, so long as the utility provides a ratepayer with the opportunity to read the meter and report the quantity of usage in lieu of the estimated bill. The resulting bills shall be based on the information provided, except for an account where it is apparent that the information is erroneous.
(i) Upon the request of the ratepayer, the utility shall, at least annually, provide preaddressed postcards on which the ratepayer may note the reading. The utility shall provide additional preaddressed postcards on request.
(ii) The utility may establish due dates by which the postcards shall be received for a bill to be based upon the meter reading of the ratepayer or occupant. If the reading of a ratepayer is not received by that due date, the utility may estimate the quantity of usage.
(3) Estimates permitted under exigent circumstances. A utility may estimate the bill of a ratepayer if extreme weather conditions, emergencies, equipment failure, work stoppages or other circumstances prevent actual meter reading.
(4) Estimates when utility personnel are unable to gain access. A utility may estimate the bill of a ratepayer if utility personnel are unable to gain access to obtain an actual meter reading, as long as the following apply:
(i) The utility has undertaken reasonable alternative measures to obtain a meter reading, including, but not limited to, the provision of preaddressed postcards upon which the ratepayer may note the reading or the telephone reporting of the reading.
(ii) The utility, at least every 6 months, or every four billing periods for utilities permitted to bill for periods in excess of 1 month, obtains an actual meter reading or ratepayer supplied reading to verify the accuracy of the estimated readings.
(iii) The utility, at least once every 12 months, obtains an actual meter reading to verify the accuracy of the readings, either estimated or ratepayer read.
(5) Remote reading devices for water, gas and electric utilities. A utility may render a bill on the basis of readings from a remote reading device under the following conditions:
(i) When a gas, electric or water utility uses readings from a remote reading device to render bills, the utility shall obtain an actual meter reading at least once every 5 years to verify the accuracy of the remote reading device. If the ratepayer of record at the dwelling changes during the 5-year period between actual meter readings, the utility shall make a bona fide attempt to schedule an appointment with the departing ratepayer and, if necessary, the new occupant, to secure an actual meter reading.
(ii) When the actual meter reading establishes that the customer was underbilled due to an error in the registration of the remote reading device, the utility may render a bill for the uncollected amount. If the rebilling exceeds the otherwise normal estimated bill by at least 50% and at least $50, the utility shall comply with § 56.14 (relating to previously unbilled utility service).
(iii) When the actual meter reading establishes that the customer was overbilled due to an error in the readings of the remote reading device, the utility shall credit or refund to the customer the amount overbilled plus interest calculated under § 56.181(3) (relating to duties of parties; disputing party's duty to pay undisputed portion of bills; utility's duty to pay interest whenever overpayment found).
(iv) Nothing in this section may be construed to limit the authority of electric, gas or water utilities to gain access to a residence for the purpose of checking or reading a meter.
(6) Limitation of liability. If a water company has estimated bills and if the ratepayer or occupant during that period has consumed an amount of water in excess of normal seasonal usage because of a verified leak that could not reasonably have been detected or other unknown loss of water, the ratepayer is not liable for more than 150% of the average amount of water consumed for the corresponding period during the previous year. This section does not apply when the water utility was unable to gain access and has complied with paragraph (4).
(7) Equal monthly billing. A gas, electric and steam heating utility shall provide its residential ratepayers with an optional billing procedure which averages estimated utility service costs over a 10-month, 11-month or 12-month period to eliminate, to the extent possible, seasonal fluctuations in utility bills. The utility shall review accounts at least three times during the optional billing period.
(8) Notice. The utility shall inform existing ratepayers of their rights under this section and under 66 Pa.C.S. § 1509 (relating to billing procedures).
§ 56.14. Previously unbilled utility service.
When a utility renders a make-up bill for previously unbilled utility service resulting from utility billing error, meter failure, leakage that could not reasonably have been detected or loss of service, or four or more consecutive estimated bills and the make-up bill exceeds the otherwise normal estimated bill by at least 50% and at least $50:
(1) The utility shall review the bill with the ratepayer and make a reasonable attempt to enter into a payment agreement.
(2) The period of the payment agreement may, at the option of the ratepayer, extend at least as long as:
(i) The period during which the excess amount accrued.
(ii) Necessary so that the quantity of service billed in any one billing period is not greater than the normal estimated quantity for that period plus 50%.
Subchapter C. CREDIT AND DEPOSITS STANDARDS POLICY
PROCEDURES FOR NEW APPLICANTS§ 56.33. Cash deposits; third-party guarantors.
If an applicant does not establish his credit under § 56.32 (relating to credit standards), the utility shall provide residential service when one of the following requirements is satisfied:
(1) Cash deposit. The applicant posts a cash deposit.
(2) Third-party guarantor. The applicant furnishes a written guarantee from a responsible ratepayer which, for the purposes of this section, shall mean a ratepayer who has or can establish credit, under § 56.32, to secure payment in an amount equal to that required for cash deposits.
(i) A guarantee shall be in writing and shall state the terms of the guarantee.
(ii) The guarantor shall be discharged when the applicant has met the terms and conditions which apply under §§ 56.52--56.57.
CASH DEPOSITS § 56.53. Refund of deposit.
A cash deposit shall be refunded under the following conditions:
(1) Termination or discontinuance of service. Upon termination or discontinuance of service, the utility shall promptly apply the deposit of the ratepayer, including accrued interest, to any outstanding balance for utility service and refund or apply to the ratepayer's account, the remainder to the ratepayer. A transfer of service from one location to another within a service area may not be deemed discontinuance within the meaning of this chapter.
(2) Credit established. When a ratepayer establishes credit under § 56.32 (relating to credit standards), the utility shall refund or apply to the ratepayer's account, any cash deposit plus accrued interest.
(3) Third-party guarantor. When a ratepayer substitutes a third-party guarantor in accordance with § 56.33(3) (relating to composite group; cash deposits; third-party guarantor), the utility shall refund any cash deposit, plus accrued interest, up to the limits of the guarantee.
(4) Prompt payment of bills. After a ratepayer has paid bills for service for 12-consecutive months without having service terminated and without having paid his bill subsequent to the due date or other permissible period as stated in this chapter on more than two occasions, the utility shall refund any cash deposit, plus accrued interest, so long as the customer currently is not delinquent.
(5) Optional refund. At the option of the utility, a cash deposit, including accrued interest, may be refunded in whole or in part, at any time earlier than the time stated in this section.
§ 56.61. (Reserved).
§ 56.62. (Reserved).
§ 56.63. (Reserved).
§ 56.64. (Reserved).
§ 56.65. (Reserved).
Subchapter E. TERMINATION OF SERVICE § 56.91. General notice provisions.
Prior to a termination of service, the utility shall mail or deliver written notice to the ratepayer at least 10 days prior to the date of the proposed termination. In the event of any taking or acceptance of utility service without the knowledge or approval of the utility, other than unauthorized use of service as defined in § 56.2 (relating to definitions), the utility shall comply with §§ 56.93--56.97, but need not otherwise provide notice 10 days prior to termination.
§ 56.93. Personal contact.
Except when authorized by § 56.71, 56.72 or 56.98 (relating to interruption of service; discontinuation of service; and exception for terminations based on occurrences harmful to person or property), a utility may not interrupt, discontinue or terminate service without personally contacting the ratepayer or a responsible adult occupant at least 3 days prior to the interruption, discontinuance or termination, in addition to providing other notice as specified by the properly filed tariff of the utility or as required by this chapter or other Commission directive. For purposes of this section, ''personal contact'' means:
(1) Contacting the ratepayer or responsible adult occupant in person or by telephone.
(2) Contacting another person whom the ratepayer has designated to receive a copy of a notice of termination, other than a member or employe of the Commission.
(3) If the ratepayer has not made the designation noted in paragraph (2), contacting a community interest group or other entity, including a local police department, which previously shall have agreed to receive a copy of the notice of termination and to attempt to contact the ratepayer.
(4) If the ratepayer has not made the designation noted in paragraph (2) and if there is no community interest group or other entity which previously has agreed to receive a copy of the notice of termination, contacting the Commission in writing.
§ 56.97. Procedures upon ratepayer or occupant contact prior to termination.
(a) If, after the issuance of the initial termination notice and prior to the actual termination of service, a ratepayer or occupant contacts the utility concerning a proposed termination, an authorized utility employe shall fully explain:
(1) The reasons for the proposed termination.
(2) All available methods for avoiding a termination, including the following:
(i) Tendering payment in full or otherwise eliminating the grounds for termination.
(ii) Entering a settlement or payment agreement.
(3) The medical emergency procedures.
(b) The utility, through its employes, shall exercise good faith and fair judgment in attempting to enter a reasonable settlement or payment agreement or otherwise equitably to resolve the matter. Factors to be taken into account when attempting to enter into a reasonable settlement or payment agreement include the size of the unpaid balance, the ability of the ratepayer to pay, the payment history of the ratepayer and the length of time over which the bill accumulated. If a settlement or payment agreement is not established, the company shall further explain the following:
(1) The right of the ratepayer to file a dispute with the utility and, thereafter, an informal complaint with the Commission.
(2) The procedures for resolving disputes and informal complaints, including the address and telephone number of the Commission: Public Utility Commission, Box 3265, Harrisburg, Pennsylvania, 17105-3265, (800) 692-7380.
(3) The duty of the ratepayer to pay any portion of a bill which the ratepayer does not honestly dispute.
NOTICE PROCEDURE AFTER DISPUTE FILED § 56.101. Limited notice upon noncompliance with report or order.
(a) Except during the winter period identified in § 56.100 (relating to winter termination procedures), the original grounds for terminations may be revived provided a 10-day termination notice was previously issued to the ratepayer. The original grounds for termination shall be revived and utilities may proceed with termination as provided in subsection (b) upon the failure to timely appeal from or comply with any of the following:
(1) A utility company report required by § 56.151 (relating to the general rule).
(2) An informal complaint report required by § 56.161 (relating to general rule; time for filing).
(3) An order from a formal complaint, under § 56.173 or § 56.174 (relating to formal complaint procedures other than appeals from mediation decisions of the Bureau of Consumer Services; and formal complaint procedures for appeals from mediation decisions of the Bureau of Consumer Services).
(4) A company negotiated payment or settlement agreement where a customer fails, at any time, during the first 120 days to maintain the agreement and this failure reflects payments of less than 50% of the overdue balance during this same time period.
(b) The utility may not be required to give further written notice so long as within 10 business days of the failure to appeal or comply with subsection (a):
(1) The ratepayer is personally contacted as described in § 56.93(1), (2) or (3) (relating to personal contact), at least 3 days prior to termination. If the utility is unable to make personal contact as described in § 56.93(1), (2) or (3), it shall proceed with the posting procedure described in § 56.95 (relating to deferred termination when no prior contact).
(2) At the time of termination, the utility serves personally on the ratepayer or posts conspicuously at the residence of the ratepayer and at the affected premises, including common areas where permissible, a post-termination notice complying with § 56.96 (relating to post-termination notice).
EMERGENCY PROVISIONS § 56.114. Length of postponement; renewals.
Service may not be terminated for the time period specified in a medical certification; the maximum length of the certification shall be 30 days.
(1) Time period not specified. If no length of time is specified or if the time period is not readily ascertainable, service may not be terminated for at least 30 days.
(2) Renewals. Certifications may be renewed in the same manner and for the same time period as provided in §§ 56.112 and 56.113 (relating to postponement of termination pending receipt of certificate; and medical certifications) and this section if the ratepayer has met the obligation under § 56.116 (relating to duty of ratepayer to pay bills). In instances where a ratepayer has not met the obligation in § 56.116 to equitably make payments on all bills, the number of renewals is limited to two 30-day certifications. If a utility wishes to contest the renewal, it shall follow § 56.118(3) (relating to the right of utility to petition the Commission).
(Editor's Note: See 66 Pa.C.S. §§ 1521--1533 (relating to discontinuance of service to leased premises).)
§ 56.121. (Reserved).
§ 56.122. (Reserved).
§ 56.123. (Reserved).
§ 56.124. (Reserved).
§ 56.125. (Reserved).
§ 56.126. (Reserved).
Subchapter F. DISPUTES; TERMINATION DISPUTES; INFORMAL AND FORMAL COMPLAINTS
GENERAL PROVISIONS § 56.140. Follow-up response to inquiry.
When a customer is waiting for a follow-up response to an inquiry under § 56.2 (relating to the definition of initial inquiry), termination or threatening termination of service for the subject matter in question shall be prohibited until the follow-up response, and when applicable, subsequent dispute resolution is completed by the utility.
§ 56.142. Time for filing a termination dispute or informal complaints.
To be timely filed, a termination dispute--which may not include disputes under §§ 56.35 and 56.191 (relating to payment of outstanding balance; and general rule)--and informal complaints shall be filed prior to the day on which the utility arrives to terminate service. If the utility arrives to terminate service and posts a deferred termination notice in lieu of termination or otherwise fails to terminate service, the time for filing a termination dispute or informal complaint shall be extended until the end of the business day prior to the utility again arriving to terminate service.
UTILITY COMPANY DISPUTE PROCEDURES § 56.151. General rule.
Upon initiation of a dispute covered by this section, the utility shall:
(1) Not issue a termination notice based on the disputed subject matter.
(2) Investigate the matter using methods reasonable under the circumstances, which may include telephone or personal conferences, or both, with the ratepayer or occupant.
(3) Make a diligent attempt to negotiate a reasonable payment agreement if the ratepayer or occupant claims a temporary inability to pay an undisputed bill. Factors which shall be considered in the negotiation of a payment agreement shall include, but not be limited to:
(i) The size of the unpaid balance.
(ii) The ability of the ratepayer to pay.
(iii) The payment history of the ratepayer.
(iv) The length of time over which the bill accumulated.
(4) Provide the ratepayer or occupant with the information necessary for an informed judgment, including, but not limited to, relevant portions of tariffs, statements of account and results of meter tests.
(5) Within 30 days of the initiation of the dispute, issue its report to the complaining party. The utility shall inform the complaining party that the report is available upon request.
(i) If the complainant is not satisfied with the dispute resolution, the utility company report shall be in writing and conform to § 56.152 (relating to contents of the utility company report). Further, in these instances, the written report shall be sent to the complaining party if requested or if the utility deems it necessary.
(ii) If the complaining party is satisfied with the orally conveyed dispute resolution, the written utility company report may be limited to the information in § 56.152(1), (2), and, when applicable, § 56.152(7)(ii) or (8)(ii).
(iii) If the complaining party expresses satisfaction but requests a written report, the report shall conform with § 56.152, in its entirety.
§ 56.152. Contents of the utility company report.
A utility company report shall include the following:
(1) A statement of the claim or dispute of the ratepayer and a copy thereof if the claim or notice of dispute was made in writing.
(2) The position of the utility regarding that claim.
(3) A statement that service will not be terminated pending completion of the dispute process, including both informal and formal complaints, so long as there is compliance with all requirements of the Commission.
(4) A statement that if the complaining party does not agree with the utility company report, an informal complaint shall be filed with the Commission within 10 days of the mailing date of the report to insure the preservation of all of his rights.
(5) The office where payment may be made or information obtained listing the appropriate telephone number and address of the utility.
(6) A full and complete explanation of procedures for filing an informal complaint with the Commission (see § 56.162 (relating to informal complaint filing procedures). If a written report is not requested by the complaining party or deemed necessary by the utility, the utility shall provide the information in § 56.162(1), (2) and (5). In addition, the utility should always provide the telephone number and address of the office of the Commission where an informal complaint may be filed.
(7) If the matter in dispute involves a billing dispute, the report shall include the following:
(i) An itemized statement of the account of the complaining ratepayer specifying the amount of credit, if any, and the proper amount due.
(ii) The date on or after which the account will become delinquent unless a settlement or payment agreement is entered into or an informal complaint is filed with the Commission. This date may not be earlier than the due date of the bill or 15 days after the issuance of a utility company report, whichever is later.
(8) If the matter involves a dispute other than a billing dispute, the report shall also state the following:
(i) The action required to be taken to avoid the termination of service.
(ii) The date on or after which service will be terminated unless the report is complied with, settlement agreement entered or an informal complaint filed. This date may not be earlier than the original date for compliance with the matter which gave rise to the dispute or 10 days from the date of issuance of the utility report, whichever is later.
INFORMAL COMPLAINT PROCEDURES § 56.162. Informal complaint filing procedures.
An informal complaint may be filed orally or in writing and shall include the following information:
(1) The name and address of the ratepayer and, if different, the address at which service provided.
(2) The telephone number of the ratepayer.
(3) The account number of the ratepayer, if applicable.
(4) The name of the utility.
(5) A brief statement of the dispute.
(6) Whether the dispute formerly has been the subject of a utility company investigation and report.
(7) Whether the dispute formerly has been the subject of a Commission informal or formal complaint.
(8) The date, if any, of proposed termination.
(9) The relief sought.
Subchapter G. RESTORATION SERVICE § 56.191. General rule.
When service to a dwelling has been terminated, the utility shall reconnect service by the end of the first full working day after receiving one of the following:
(1) Full payment of an outstanding charge plus a reasonable reconnection fee. Outstanding charges and the reconnection fee may be amortized over a reasonable period of time. Factors to be taken into account shall include, but not be limited to:
(i) The size of the unpaid balance.
(ii) The ability of the ratepayer to pay.
(iii) The payment history of the ratepayer.
(iv) The length of time over which the bill accumulated.
(2) Payment of amounts currently due according to a settlement or payment agreement, plus a reasonable reconnection fee, which may be a part of the settlement or payment agreement. The utility may apply the procedure in paragraph (1), if the payment history indicates that the ratepayer has defaulted on at least two payment agreements, or an informal complaint decision, or a formal complaint order.
(3) Adequate assurances that any unauthorized use or practice will cease, plus full payment of the reasonable reconnection fee of the utility, which may be subject to a payment agreement and compliance or adequate assurance of compliance with an applicable provision for the establishment of credit or the posting of deposits or guarantees.
Subchapter H. PUBLIC INFORMATION PROCEDURES; RECORD MAINTENANCE § 56.202. Record maintenance.
A utility shall preserve for a minimum of 4 years written or recorded disputes and complaints, shall keep the records within this Commonwealth at an office located in the territory served by it, and shall make the records available for examination by the Commission or its staff. Information to be maintained shall include the following:
(1) The payment performance of each of its ratepayers.
(2) The number of settlement agreements made by the utility company and a synopsis of the terms, conditions and standards upon which agreements were made.
(3) The number of service terminations and reconnections.
(4) Communications to or from individual ratepayers regarding interruptions, discontinuances, terminations and reconnections of service, including the name and address of the ratepayer, the date and character of the dispute or complaint and the adjustment or disposal made of the matter.
Subchapter I. INFORMAL COMPLAINTS § 56.211. Informal complaints.
The Bureau of Consumer Services (BCS) will have primary jurisdiction over ratepayer, applicant or occupant complaints arising under this chapter. The BCS, through its Director and with the concurrence of the Commission, will establish appropriate internal procedures to implement the provisions of this chapter.
(1) Absent good cause, the BCS will handle only Chapter 56 informal complaints in which the customer first attempted to resolve the matter with the utility.
(2) Only after the customer and the utility have failed to resolve the dispute will BCS initiate an investigation.
[Pa.B. Doc. No. 98-1147. Filed for public inspection July 17, 1998, 9:00 a.m.]
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